A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 13, 2019, the Defendant received a proposal to the effect that “In order to obtain a loan, the Defendant sent a physical card to repay the principal and interest of the loan,” and consented thereto, and then sent a copy of the physical card connected to the bank account in the name of the Defendant at the Gangnam post office located in Daegu Seo-ro 124 on November 14, 2019.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Listening to suspect's telephone statement);

1. Application of Acts and subordinate statutes to details of account transactions and replies by financial institutions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

Unfavorable circumstances: The Defendant promised to lend the check card in return for the expected interest of future loans.

The means of access lent was used for fraud, causing actual damage.

The defendant is recognized to commit a crime in favor of him.

There has been no history of punishment so far.